The Commonwealth of Australia Constitution Act The Australian Constitution was drafted at a series of constitutional conventions held in the 1890s. It was passed by the British Parliament as part of the Commonwealth of Australia Constitution Act 1900 and took effect on 1 January 1901. ( peo.gov.au/learning/closer-look/the-australian-constitution.html ) The Constitution of Australia is the supreme law under which the Commonwealth Government of Australia operates, including its relationship to the States of Australia ( en.wikipedia.org/wiki/Constitution_of_Australia ) Legislation is law made by parliaments. Legislation is also known as statute law, statutes, or Acts of Parliament. In Australia, legislation is made by the Commonwealth parliament, the State parliaments, and by the legislatures of the Northern Territory, the Australian Capital Territory and Norfolk Island. Other bodies, such as local governments, are given certain powers by parliaments to make legislation as well. ( hobartlegal.org.au/tasmanian-law-handbook/courts-lawyers-and-law/law/legislation/legislation-vs-common-law ) The organized system of law and government now in force in Australia is historically dependent for its legal validity on a series of British statutes, notably including the Commonwealth of Australia Constitution Act 1900. The authority of the United Kingdom Parliament to enact those statutes depended on the acquisition of the Australian continent as a territorial possession of the British Crown. ( en.wikipedia.org/wiki/Law_of_Australia ) Magna Carta was the first document imposed upon a King of England by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their rights. ( en.wikipedia.org/wiki/Magna_Carta ) 1. We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever. 39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land. 40To no one will we sell, to no one will we refuse or delay, right or justice. ( constitution.org/eng/magnacar.htm ) Clause 40 deals with the administration of justice. “We will sell to no man” was intended to abolish the fines demanded by King John in order to obtain justice. “Will not deny” referred to the stopping of suits and the denial of writs. “Delay to any man” meant the delays caused either by the counter-fines of defendants, or by the prerogative of the King. ( en.wikipedia.org/wiki/Magna_Carta ) Statutory law or statute law is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive or common law of the judiciary) or by a legislator (in the case of an absolute monarchy).[1] Statutes may originate with national, state legislatures or local municipalities. Statutory laws are subordinate to the higher constitutional laws of the land. ( en.wikipedia.org/wiki/Statutory_law ) Eleanor of Acquitane, acting as regent for her son, King Richard the Lionheart, during the Crusades, established Admiralty/Maritime law in England In England, special admiralty courts handle all admiralty cases. These courts do not use the common law of England, but are civil law courts largely based upon Roman Law. Littered throughout Law is the concept of reasonable belief (when detaining people or property) which is based on admiralty law, the law of the sea where the captain of a ship only needed reason to believe that his ship was in danger by those under his command to order that certain things be done to protect its commercial goods and goals. Everything in admiralty works backwards from due process common law. A person being guilty before being proven innocent. In Common Law, crimes can only occur if there is there has been physical damage to someone or to property, AND if there was intent to hurt someone. Accidents and negligence are not crimes. But we can be charged and sued for negligence. Suing is a function of the corporate world. No longer does there need to be an existing flesh and blood injured party anymore to file a criminal affidavit to initiate criminal proceedings, just the breaching of a statute, a de facto corporate statute (breaching the peace), a by-law or regulation, where the injured party is the state, or corporate entity. The reason why Admiralty jurisdiction is of concern to us is because our government is using jurisdiction attachment rules applicable to an Admiralty jurisdictional environment to on-land-based citizens where Admiralty jurisdiction does not correctly belong. The only ordinary land based people who should properly be under the government’s in personam Admiralty jurisdiction are government employees (federal and state), military service personnel, and those who specifically contract into Admiralty Jurisdiction (such as employees working for a Defense contractor with a security clearance, and private contractors hired by government to perform law enforcement related work). The Federal Court of Australia operates under Admiralty Law under the Blue Ensign. ( peopleofthecommonwealth.blogspot.au/2009/12/maritime-law.html ) Based on this evidence, The Commonwealth of Australia Constitution Act only applies to The Australian Government and was only ever intended to prevent them from taking away our Common Law rights. This evidence shows the the fact that The Commonwealth of Australia Constitution Act is Legislation and not Common Law means that it does not apply to natural people but is a way for the natural people to control the government. Common Law is the only law that natural people are bound by. Common Law: Do not harm others. Do not damage others property. Do not con others.
Posted on: Thu, 25 Sep 2014 17:43:49 +0000
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